CMS Extends Deadline for Low-Volume Hospitals and the Medicare-Dependent Hospital Program

OnMarch 14, 2014, CMS released an interim final rule implementing a six-month extension of the low-volume payment adjustment and Medicare-Dependent Hospital (MDH) program under the inpatient prospective payment system (IPPS) rule for fiscal year 2014. These changes were made in accordance with sections 1105 and 1106 of the Pathway for SGR Reform Act of 2013, a December 2013 law (Pub. L. No. 113-67) that made continuing appropriations for FY 2014.

For the applicable low-volume percentage increase to be applied to payments for discharges on or after October 1, 2013 (the beginning of FY 2014) and on or before March 31, 2014, a hospital must:

have fewer than 1,600 Medicare discharges annually;

be located 15 road miles or more from the nearest subsection (d) hospital (i.e., IPPS); and

make its request for low-volume hospital status in writing to its Medicare Administrative Contractor by March 31, 2014, and provide documentation that it meets the 15-mile mileage criterion; CMS will accept the use of a web-based mapping tool, such as MapQuest, as part of acceptable documentation related to the mileage requirement.

CMS generally will permit hospitals that qualified for the low-volume payment adjustment in FY 2013 to continue to receive a low-volume payment adjustment in FY 2014 (effective October 1, 2013) without reapplying, so long as they have not been reclassified as a sole community hospital (SCH), or have not requested a cancellation of their rural classification. If, however, a former MDH requested cancellation of its rural classification, or if it was classified as a SCH on or after October 1, 2013, it would need to reapply for MDH status—which would be effective prospectively only (i.e.,effective on the date the hospital receives notice that it again meets the requirements for MDH status). Hospitals falling within the exceptions stand to lose several months of MDH status, and the more favorable reimbursement associated with it, simply because they acted to limit the negative reimbursement impact from what appeared to be the end of the MDH program.

If a hospital reclassified to SCH status or cancelled its rural status effective on a date after October 1, 2013, CMS instructs that “MDH status will be reinstated effective from October 1, 2013 but will end on the date on which the provider changed its status to an SCH or cancelled its rural status.” Hospitals falling within this category may reapply for MDH status, which status will be effective 30 days from the date the hospital is notified of the determination, consistent with 42 C.F.R. § 412.108(b)(4).

Starting on April 1, 2014, the 6-month extension of the temporary changes to the low-volume hospital payment adjustment policy will expire and the low-volume hospital definition and payment methodology will revert back to the statutory requirements that were in effect prior to the amendments made by the Affordable Care Act.

CMS projects a $227 million increase to small rural hospitals and providers, as well as other classes of hospitals and providers. The interim final rule is available here and is set for publication in the March 18, 2014 Federal Register (with a 60-day comment period from the date of publication).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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